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Friday, 12 September, 2008

House Homeland Security Committee Releases Report On DHS Failure To Implement 9-11 Act Provisions

September 12, 2008

What's at Issue
The U.S. House of Representatives Democratic Staff of the Committees on Homeland Security and Foreign Affairs released a report titled "Wasted Lessons of 9/11: How the Bush Administration Has Ignored the Law and Squandered Its Opportunities to Make our Country Safer."  The report examines the Administration's performance on the requirements in H.R. 1, "Implementing the 9/11 Commission Recommendations Act of 2007," which was signed into law on August 3, 2007.

Why It's Important
The report surveys many of the key provisions, and claims that little, incomplete, or no progress has been made on many of the key requirements of the law.  Specifically, the report details the Administration¿s performance on key statutory requirements in the areas of aviation security, rail and public transportation security, emergency response, and national security among others. 

Major Provisions
Among the 25 provisions that were deemed without progress, 3 involve aviation security. 

Advanced Passenger Prescreening System:
This provision required the Department of Homeland Security (DHS) to develop a strategic plan to test and implement advanced passenger prescreening systems for all flights and shift responsibility for checking passengers against the terrorist watch list from commercial airlines to the DHS. 

The report claims that, while a strategic plan was developed and shared with the committee, little progress has been made.  The $200 million program, Secure Flight, will be the platform for the Transportation Security Administration (TSA) to conduct watch list checks.  It was projected to be tested and verified for operation by July 15, 2005, but is not expected to be functional by 2010. 

The Government Accountability Office (GAO) recommended that the TSA incorporate best practices into the development of Secure Flight program costs schedule estimates to ensure that the DHS timeline is feasible.

Screening of Air Cargo Aboard Passenger Aircraft:
The DHS is required by law to screen 100% of cargo transported on passenger planes in the U.S.  The law specifies that the TSA must screen at least 50% of cargo by February 2009 and 100% by August 2010. 

The Homeland Security Committee stated that even though the deadline is February 2009, little progress has been made on this security mandate.  The TSA has been developing the Certified Cargo Screening Program (CCSP) to screen air cargo before it is loaded on planes.  However, it was announced this week that detectors will begin checking packages at Dulles International Airport.  Packages will be driven through giant detectors called Radiation Portal Monitors.  Additionally, four major airports will be outfitted with radiation detectors before the end of the year.

General Aviation Security:
The TSA was directed to develop a standardized threat and vulnerability assessment program for general aviation airports, due August 2008.  The TSA did not meet the deadline but wrote a letter to the Committee on Homeland Security stating that they were working with industry stakeholders, including NATA and NASAO, to develop a survey that will be sent to the general aviation industry later this year. 

The TSA stated that the general aviation survey is a precursor to the standardized threat and vulnerability assessment program.  The 9/11 Commission Report suggested that the TSA adopt a risk-based approach to assessing the threat and vulnerabilities of GA airports by including key elements tailored to a facility including surveillance and monitoring of airports and aircraft; vetting pilots and airport workers, and proper access controls to facilities and aircraft.
 
Click here to view the entire report.

NATA Position
NATA continues to work closely with the TSA on the development of the general aviation survey and the standardized threat and vulnerability assessment program and will alert members once both products are finalized.   

Staff Contact:

Kristen Moore
Director, Legislative Affairs
NATA
kmoore@nata.aero

For general press inquiries, contact Shannon Chambers at 703-298-1347 or schambers@nata.aero

The National Air Transportation Association (NATA) has been the voice of aviation business for more than 80 years. Representing nearly 3,700 aviation businesses, NATA’s member companies provide a broad range of services to general aviation, the airlines and the military and NATA serves as the public policy group representing the interests of aviation businesses before Congress and the federal agencies.